148Forensic Division to exercise functions

148 Forensic Division to exercise functions

148 Forensic Division to exercise functions

(1) The functions of the Tribunal under this Act are to be exercised by the Forensic Division of the Tribunal.

(2) The Forensic Division of the Tribunal is to consist of the following members—

(a) the President or a Deputy President,

(b) a member who is a psychiatrist, a psychologist or other suitable expert in relation to a mental condition,

(c) a member who has other suitable qualifications or experience.

Note.

Under section 150(1) of the Mental Health Act 2007, the Tribunal is to be constituted by members nominated by the President. See Chapter 6 of the Mental Health Act 2007 for other provisions applying generally to the Tribunal.

(3) The Tribunal must not make either of the following orders unless the Tribunal is constituted by at least 1 member, including the President or a Deputy President, who is the holder or former holder of a judicial office—

(a) an order for the release of a forensic patient,

(b) an order granting leave of absence to a forensic patient.

(3A) Subsection (3)(b) does not apply if the order grants leave of absence to a forensic patient only if escorted by a person employed at the mental health facility or place of detention.

(4) The regulations may provide that for specified functions of the Tribunal under this Act or the regulations, the Forensic Division is to be constituted by the President or a Deputy President.

(5) The regulations may make provision for or with respect to the constitution of the Tribunal, and procedure, for a limited review under this Part.

Note.

Regulations may also be made under section 160 of the Mental Health Act 2007 with respect to procedure of the Tribunal for the purposes of this Act.

(6) In this section—

judicial office has the same meaning as in the Mental Health Act 2007, Schedule 5, clause 5A.